Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Proposed Rules 85155 

If you are . . . You must . . . 

(ii) Implement an FAA alcohol testing program no later than the date 

you start performing safety-sensitive functions for a part 119 certificate holder with the authority to operate under parts 121 and/or 135, 

or operator as defined in § 91.147 of this chapter, and 

(iii) Meet the requirements of this subpart as if you were an employer. 

(2) Are a part 145 repair station located outside of the territory of the 

United States who performs maintenance functions on part 121 air 

carrier aircraft.

(i) Obtain an Antidrug and Alcohol Misuse Prevention Program Operations Specification by contacting your Principal Maintenance Inspector. 

(ii) Implement an alcohol testing program acceptable the Administrator 

no later than one year from [EFFECTIVE DATE OF REGULATION], 

or if company operations begin more than one year after [EFFECTIVE DATE OF REGULATION], implement an alcohol testing program acceptable to the Administrator no later than the date you start 

operations, and 

(iii) Meet the requirements of this subpart in a manner acceptable to 

the Administrator. 

(3) A contractor ......................................................................................... (i) Register with the FAA, Office of Aerospace Medicine, Drug Abatement Division (AAM–800), 800 Independence Avenue SW, Washington, DC 20591, 

(ii) Implement an FAA drug testing program no later than the date you 

start performing safety-sensitive functions for a part 119 certificate 

holder with authority to operate under parts 121 or 135, or operator 

as defined in § 91.147 of this chapter, or an air traffic control facility 

not operated by the FAA or by or under contract to the U.S. Military, 

and 

(iii) Meet the requirements of this subpart as if you were an employer. 

(d) To obtain an antidrug and alcohol 

misuse prevention program operations 

specification: 

(1) You must contact your FAA 

Principal Operations Inspector or 

Principal Maintenance Inspector. 

Provide him/her with the following 

information: 

* * * * * 

■ 8. Amend § 120.227 by revising 

paragraphs (a) introductory text, (a)(1), 

and (b) to read as follows: 

§ 120.227 Employees located outside the 

U.S. 

(a) Except for those persons testing 

pursuant to § 120.1(d), no covered 

employee shall be tested for alcohol 

misuse while located outside the 

territory of the United States. 

(1) Except for those persons testing 

pursuant to § 120.1(d), each covered 

employee who is assigned to perform 

safety-sensitive functions solely outside 

the territory of the United States shall be 

removed from the random testing pool 

upon the inception of such assignment. 

* * * * * 

(b) Except for those persons testing 

pursuant to § 120.1(d), the provisions of 

this subpart shall not apply to any 

person who performs a safety-sensitive 

function by contract for an employer 

outside the territory of the United 

States. 

Issued in Washington, DC. 

Susan E. Northrup, 

Federal Air Surgeon. 

[FR Doc. 2023–26394 Filed 12–6–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 334 

[COE–2023–0010] 

Danger Zone; Marine Corps Base 

Hawaii, Kaneohe Bay, Island of Oahu, 

Hawaii 

AGENCY: U.S. Army Corps of Engineers, 

DoD. 

ACTION: Notice of proposed rulemaking 

and request for comments. 

SUMMARY: The U.S. Army Corps of 

Engineers is proposing to amend the 

regulations for the existing danger zone 

at the U.S. Marine Corps Ulupau Crater 

Weapons Training Range in the vicinity 

of Kaneohe Bay, Hawaii. The U.S. 

Marine Corps requested a change to the 

hours that weapons firing may occur. 

These regulations are necessary to 

protect the public from potentially 

hazardous conditions which may exist 

as a result from use of the areas by the 

U.S. Marine Corps. 

DATES: Written comments must be 

submitted on or before January 8, 2024. 

ADDRESSES: You may submit comments, 

identified by docket number COE– 

2023–0010, by any of the following 

methods: 

Federal eRulemaking Portal: https://

www.regulations.gov. Follow the 

instructions for submitting comments. 

Email: david.b.olson@usace.army.mil. 

Include the docket number, COE–2023– 

0010, in the subject line of the message. 

Mail: U.S. Army Corps of Engineers, 

Attn: CECW–CO–R (David B. Olson), 

441 G Street NW, Washington, DC 

20314–1000. 

Hand Delivery/Courier: Due to 

security requirements, we cannot 

receive comments by hand delivery or 

courier. 

Instructions: Direct your comments to 

docket number COE–2023–0010. All 

comments received will be included in 

the public docket without change and 

may be made available on-line at 

https://www.regulations.gov, including 

any personal information provided, 

unless the commenter indicates that the 

comment includes information claimed 

to be Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. Do 

not submit information that you 

consider to be CBI, or otherwise 

protected, through regulations.gov or 

email. The regulations.gov website is an 

anonymous access system, which means 

we will not know your identity or 

contact information unless you provide 

it in the body of your comment. If you 

send an email directly to the Corps 

without going through regulations.gov, 

your email address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

internet. If you submit an electronic 

comment, we recommend that you 

include your name and other contact 

information with your comment. If we 


ddrumheller on DSK120RN23PROD with PROPOSALS1
85156 Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Proposed Rules 

cannot read your comment because of 

technical difficulties and cannot contact 

you for clarification, we may not be able 

to consider your comment. Electronic 

comments should avoid the use of any 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: For access to the docket to 

read background documents or 

comments received, go to 

www.regulations.gov. All documents in 

the docket are listed. Although listed in 

the index, some information is not 

publicly available, such as CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the internet and will be 

publicly available only in hard copy 

form. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Olson, Headquarters, Operations 

and Regulatory Community of Practice, 

Washington, DC at 202–761–4922. 

SUPPLEMENTARY INFORMATION: Pursuant 

to its authorities in section 7 of the 

Rivers and Harbors Act of 1917 (40 Stat. 

266; 33 U.S.C. 1) and chapter XIX of the 

Army Appropriations Act of 1919 (40 

Stat. 892; 33 U.S.C. 3), the Corps is 

proposing to amend the danger zone 

regulations at 33 CFR 334.1380 to 

change the hours that weapons firing 

may occur at the Ulupau Crater 

Weapons Training Range, Marine Corps 

Base Hawaii (MCBH), Kaneohe Bay, 

Island of Oahu, Hawaii. 

The danger zone represents a public 

safety buffer beyond the physical 

boundaries of the training range to 

further reduce the safety threat to the 

boating public. The geographical nature 

of the crater combined with the use of 

man-made measures makes the crater 

secure from unintended projectiles 

exiting its confines, although a very 

slight possibility exists that a projectile 

could ricochet or otherwise be 

inadvertently fired beyond the confines 

of the crater. Under current conditions, 

sensitive wildlife areas, including 

designated protected areas, are 

encompassed within the existing 

boundaries of the danger zone. Since 

munitions are not intentionally fired 

into waters surrounding Ulupau Crater 

and the probability of an unintended 

projectile exiting the crater is negligible, 

an extension in the time that weapons 

may be fired will not incrementally 

change, modify or otherwise adversely 

impact sensitive marine species and 

organisms that inhabit or are supported 

by the waters and protected areas 

occurring within the danger zone. 

Marine resources, including endangered 

species, migratory shorebirds, and other 

seabirds that occupy designated 

protected areas will remain adequately 

protected by the MCBH under 

obligations of pre-existing agreements. 

For similar reasons, submerged lands 

will not be directly or indirectly 

adversely affected by the expanded 

danger zone. 

The current regulations state that 

weapons firing at the Ulupau Crater 

Weapons Training Range may occur at 

any time between 6 a.m. and 11 p.m., 

Monday through Sunday. In the 

proposed rule, the time period for 

weapons firing is extended three hours 

so that weapons may be fired at any 

time between 6 a.m. and 2 a.m., Monday 

through Sunday. 

Procedural Requirements 

a. Regulatory Planning and Review. 

This proposed rule is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866 (58 FR 51735, October 4, 

1993) and Executive Order 13563 (76 FR 

3821, January 21, 2011) and it was not 

submitted to the Office of Management 

and Budget for review. 

b. Review under the Regulatory 

Flexibility Act. This proposed rule has 

been reviewed under the Regulatory 

Flexibility Act (Pub. L. 96–354). The 

Regulatory Flexibility Act generally 

requires an agency to prepare a 

regulatory flexibility analysis of any rule 

subject to notice-and-comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities (i.e., small 

businesses and small governments). The 

danger zone is necessary to protect 

public safety during use of the weapons 

firing range. The danger zone regulation 

allows any vessel that needs to transit 

the danger zone to expeditiously transit 

through the danger zone whenever 

weapons firing is scheduled. The 

proposed amendment to this regulation 

would only change the hours when the 

danger zone is activated; it would not 

change the geographic extent of the 

existing danger zone. When the range is 

not in use, the danger zone will be open 

to normal maritime traffic and to all 

activities, include anchoring and 

loitering. When the danger zone is 

activated, small entities can utilize 

navigable waters outside of the danger 

zone. Unless information is obtained to 

the contrary during the comment 

period, the Corps certifies that the 

proposed rule would have no significant 

economic impact on the public. 

c. Review under the National 

Environmental Policy Act. Due to the 

administrative nature of this action and 

because there is no intended change in 

the use of the area, the Corps expects 

that this regulation, if adopted, will not 

have a significant impact on the quality 

of the human environment and, 

therefore, preparation of an 

environmental impact statement will 

not be required. An environmental 

assessment will be prepared after the 

public notice period is closed and all 

comments received have been 

considered. 

d. Unfunded Mandates Act. This 

proposed rule does not contain a 

Federal mandate that may result in 

expenditures of $100 million or more 

for state, local, and tribal governments, 

in the aggregate, or the private sector in 

any one year. Therefore, this proposed 

rule is not subject to the requirements 

of sections 202 and 205 of the Unfunded 

Mandates Reform Act (UMRA). The 

proposed rule contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. 

Therefore, the proposed rule is not 

subject to the requirements of section 

203 of UMRA. 

e. Congressional Review Act. The 

Congressional Review Act, 5 U.S.C. 801 

et seq., generally provides that before a 

rule may take effect, the agency 

promulgating the rule must submit a 

rule report, which includes a copy of 

the rule, to each House of the Congress 

and to the Comptroller General of the 

United States. The Corps will submit a 

report containing the final rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States. A major 

rule cannot take effect until 60 days 

after it is published in the Federal 

Register. This proposed rule is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects in 33 CFR Part 334 

Danger zones, Navigation (water), 

Restricted areas, Waterways. 

For the reasons stated in the 

preamble, the Corps proposes to amend 

33 CFR part 334 as follows: 

PART 334—DANGER ZONE AND 

RESTRICTED AREA REGULATIONS 

■ 1. The authority citation for 33 CFR 

part 334 continues to read as follows: 

Authority: 40 Stat. 266 (33 U.S.C. 1) and 

40 Stat. 892 (33 U.S.C. 3). 

■ 2. Amend § 334.1380, by revising the 

first sentence of paragraph (b)(1) to read 

as follows: 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Proposed Rules 85157 

§ 334.1380 Marine Corps Base Hawaii 

(MCBH), Kaneohe Bay, Island of Oahu, 

Hawaii—Ulupau Crater Weapons Training 

Range; danger zone. 

* * * * * 

(b) * * * 

(1) Weapons firing at the Ulupau 

Crater Weapons Training Range may 

occur at any time between 6 a.m. and 2 

a.m., Monday through Sunday. * * * 

* * * * * 

Thomas P. Smith, 

Chief, Operations and Regulatory Division. 

[FR Doc. 2023–26793 Filed 12–6–23; 8:45 am] 

BILLING CODE 3720–58–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 54 

[WC Docket No. 21–31; FCC 23–91; FRS 

ID 185870] 

Addressing the Homework Gap 

Through the E-Rate Program 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) initiates a proceeding to 

address the ongoing remote learning 

needs of today’s students, school staff, 

and library patrons through the E-Rate 

program and to ensure the millions who 

have benefitted from the Emergency 

Connectivity Fund program support do 

not fall back onto the wrong side of the 

digital divide once the program ends. 

DATES: Comments are due on or before 

January 8, 2024 and reply comments are 

due on or before January 22, 2024. If you 

anticipate that you will be submitting 

comments but find it difficult to do so 

within the period of time allowed by 

this document, you should advise the 

contact listed below as soon as possible. 

ADDRESSES: Pursuant to §§ 1.415 and 

1.419 of the Commission’s rules, 47 CFR 

1.415, 1.419, interested parties may file 

comments and reply comments. You 

may submit comments, identified by 

WC Docket No. 21–31, by any of the 

following methods: 

• Electronic Filers: Comments may be 

filed electronically using the internet by 

accessing the ECFS: https://

www.fcc.gov/ecfs/. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

one copy of each filing. 

• Filings can be sent by commercial 

overnight courier or by first-class or 

overnight U.S. Postal Service mail. All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

• Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail) must be sent to 9050 

Junction Drive, Annapolis Junction, MD 

20701. 

• U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 45 L Street NE, 

Washington, DC 20554. 

• Effective March 19, 2020, and until 

further notice, the Commission no 

longer accepts any hand or messenger 

delivered filings at its headquarters. 

This is a temporary measure taken to 

help protect the health and safety of 

individuals, and to mitigate the 

transmission of COVID–19. See FCC 

Announces Closure of FCC 

Headquarters Open Window and 

Change in Hand-Delivery Policy, Public 

Notice, DA 20–304 (March 19, 2020), 

https://www.fcc.gov/document/fcccloses-headquarters-open-window-andchanges-hand-delivery-policy. 

• People with Disabilities: To request 

materials in accessible formats for 

people with disabilities (Braille, large 

print, electronic files, audio format), 

send an email to fcc504@fcc.gov or call 

the Consumer & Governmental Affairs 

Bureau at (202) 418–0530 (voice), (202) 

418–0432 (TTY). 

• Availability of Documents: 

Comments, reply comments, and ex 

parte submissions will be publicly 

available online via ECFS. 

FOR FURTHER INFORMATION CONTACT: 

Molly O’Conor molly.oconor@fcc.gov in 

the Telecommunications Access Policy 

Division, Wireline Competition Bureau, 

202–418–7400 or TTY: 202–418–0578. 

Requests for accommodations should be 

made as soon as possible in order to 

allow the agency to satisfy such requests 

whenever possible. Send an email to 

fcc504@fcc.gov or call the Consumer 

and Governmental Affairs Bureau at 

(202) 418–0530. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s 

Addressing the Homework Gap through 

the E-Rate Program, Notice of Proposed 

Rulemaking (NPRM) in WC Docket No. 

21–31; FCC 23–91, adopted November 

1, 2023 and released November 8, 2023. 

The full text of this document is 

available for public inspection during 

regular business hours at Commission’s 

headquarters 45 L Street NE, 

Washington, DC 20554 or at the 

following internet address: https://

www.fcc.gov/document/fcc-proposes-erate-support-wi-fi-hotspots. 

I. Introduction 

1. High-speed internet is critical to 

educational equity, economic 

opportunity, job creation, and civic 

engagement. Since its inception, the 

Federal Communications Commission’s 

(Commission) E-Rate program has 

supported high-speed, affordable 

internet services to and within school 

and library buildings, and has been 

instrumental in providing students and 

library patrons with access to the 

essential broadband services that are 

required for next-generation learning. 

But advances in technology have 

changed the modern learning 

environment to increasingly employ 

interactive online education tools that 

can be used anywhere, at any time, 

allowing students to develop the digital 

skills needed to prosper in the 21st 

Century. The ongoing proliferation of 

innovative digital learning technologies 

and the need to connect students, 

teachers, and library patrons to jobs, 

life-long learning, and information have 

led to a steady rise in the demand for 

broadband connectivity both inside and 

outside of school and library buildings. 

In response to those needs, the 

Commission proposes and seeks 

comment on updates to the E-Rate 

program to ensure the program is 

equipped to support the ongoing remote 

learning needs of today’s students, 

school staff, and library patrons. 

2. In recent years, the demand for 

connectivity beyond school and library 

buildings became a crisis when the 

COVID–19 pandemic disrupted 

operations and caused schools and 

libraries across the country to 

temporarily close their doors. Millions 

of students caught in the ‘‘Homework 

Gap’’—i.e., students unable to fully 

participate in educational opportunities 

because they lack broadband 

connectivity in their homes—suddenly 

found themselves unable to participate 

in education at all. Library patrons who 

relied on their local libraries for remote 

learning opportunities and internet 

access suddenly experienced a loss of 

these critical services when most, if not 

all, library buildings closed their doors 

by the summer of 2020. However, even 

before the COVID–19 pandemic, the 

Homework Gap affected somewhere 

between 8.5 to 16 million K–12 

students, leaving 15% of U.S. 

households with children ages six to 

seventeen lacking a high-speed internet 

connection at home and approximately 

one in four households without highspeed internet access. Although the ERate program helped approximately 

98% of the K–12 schools and districts 

in the country meet the Commission’s 


ddrumheller on DSK120RN23PROD with PROPOSALS1